Contempt of Court action against Padeniya

The Court of Appeal yesterday observed that there are sufficient material to issue a ruling against Government Medical Officers’ Association (GMOA) President Dr. Anuruddha Padeniya.

This is in respect of a charge sheet filed against him over contemptuous statements.

Accordingly, Court of Appeal (President) Justice L.T.B. Dehideniya and Justice Shiran Gunaratne decided to overrule the preliminary objections raised by Dr. Padeniya and fixed the matter for inquiry on March 10, 2018.

A charge sheet was served in open court on GMOA President Dr. Anuruddha Padeniya by the Court of Appeal for allegedly undermining the Court of Appeal judgment dated January 31, 2017 which was delivered compelling the Sri Lanka Medical Council (SLMC) to register MBBS graduates of the South Asian Institute of Technology and Medicine Limited (SAITM) provisionally as medical practitioners in terms of the Medical Ordinance.

However, Dr. Padeniya through his lawyer had informed the Court of Appeal that his client was not pleading guilty to the charge sheet when it was read out by the Court stenographer.

On a previous occasion, the Court of Appeal had issued an Interim Order(IO) preventing the GMOA President from making or publishing further contemptuous statements or articles scandalising the Court of Appeal until the final determination of this Contempt of Court action.

Two civil society activists Prof.Sarath Wijesuriya, the Convener of National Movement for Social Justice (NMSJ) and Gamini Viyangoda, the co-convener of Puravesi Balaya Social Movement had filed this Contempt of Court action naming GMOA President Dr.Anuruddha Padeniya as the respondent.

The petitioners stated that upon the delivery of the said judgment by Court of Appeal, the GMOA has condemned and openly criticized the said judgment demanding the annulment or setting aside of the said judgment.

The petitioners further stated that in this backdrop the GMOA headed by Dr. Padeniya has called for a national front and trade union action against SAITM following the Court decision in ordering SAITM medical graduates to be registered with the SLMC.

The petitioners stated that on or about April 7, 2017 the GMOA had organised island wide trade union action against SAITM halting all health services including private practice and private health services to stress on the Government to abolish SAITM.

The petitioners stated that the contemptuous statements and comments demonstrate the blatant hatred of the respondent and publication of the same in the said speech indubitably disturbs the Court process and hampers and undermines the authority of the Court of Appeal in respect of the administration of justice especially in view of the fact that the said speech was published and telecast on several media and has been uttered by the respondent at a public meeting held under topic of “Abolish the SAITM” on April 4, 2017.

The petitioners are pleading that Dr. Padeniya be charged on the offence of Contempt of Court of Appeal under Article 105 (3) of the constitution of the Republic of Sri Lanka. President’s Counsel Upul Jayasuriya appeared for the petitioners. President’s Counsel Gamini Marapana with Ravindranath Dabare appeared for the respondent.

There is 1 Comment

Consultant shockingly misled by evil dream is aligning a once noble profession into a pathway twisted and drawn by a gang of undesirables. True leadership[ must motivate to uplift the nation in realistic governing structure, one of whose basics is Law and Order. Doctors must be moved by compassion to heal the sick. Aligning with the nature of an evil destroyer, accuser, deceiver, serpent, beast, dragon, and liar, makes us behave like that. There is still time for course correction and restoration of what has been lost through blinded vision. Medical profession got a stroke with paralysis, but rehabilitation is possible.